Guest of the program Grand Jury on the RFM this Sunday, November 3, the former Minister of Justice, Ismaïla Madior Fall, affirmed that ex-President Macky Sall cannot be prosecuted for facts occurring between March 2021 and March 2024. According to the associate professor of public law, the former head of state is protected by the “principle of irresponsibility”. For him, Bassirou Diomaye Faye’s predecessor could only be prosecuted in the event of high treason.
“The President of the Republic of Senegal is governed by the principle of irresponsibility. This means that the President of the Republic is only responsible in the event of high treason. We cannot attribute responsibility to him, we cannot judge him for acts he allegedly committed during the exercise of his functions. The principle is irresponsibility,” declared the former Minister of Justice, Ismaïla Madior Fall.
According to him, his responsibility can only be exceptionally considered in the event of high treason. “That’s article 100 of the Constitution which says so. This means that there must be facts considered or constituting high treason. There must be an investigation carried out which confirms that these facts constitute high treason,” he explained.
“Next, the former president should be brought before the High Court of Justice. Today, the very definition of high treason remains complex. It’s a catch-all,” said the associate professor of public law and political science at the Faculty of Legal and Political Sciences.
Senegal
